Emerson Family Law’s connections within Australia as well those with family lawyers overseas enables us to provide sound and fulsome advice in relation to any international aspects arising out of your family law matter.

Australia’s multicultural society combined with the advent of globalisation, has seen international family law emerge as a distinct area of practice.

In recent times, cases such as the ‘Italian Girls’ Case’ presents a timely reminder of cross jurisdictional disputes in the family law context and the importance of obtaining sound advice from the outset.

Such situations generally arise where on separation, one party wishes to return to their country of origin or more commonly returns to their country of origin with the children without the other parties’ consent. In such circumstances it then becomes necessary to consider this “conflict of law” and conduct a comparative exercise between the parties’ respective entitlements in their country of origin as well as in the Australian jurisdiction.

Children’s Matters

The most common scenario where the international or cross jurisdictional context must be considered is where children have not been returned following an overseas holiday or where they have been removed from Australia without the consent of the other parent i.e. International child abduction.

In such situations it is necessary to ascertain whether the country to which the children have been removed is a signatory to the “Hague Convention.” In the event the country is a signatory to this international treaty, recovery of children is streamlined through certain procedures and dealings with the respective central authorities in that country.

The situation is made more complex where the country to which the children have been removed is not a signatory. Such situations create greater complexity and as such it is imperative that you obtain urgent and timely advice with respect to your situation.
See Children’s Matters

Property Matters

Quite often there will be situations where parties’ assets are not confined to Australia.

Quite often, we will see parties who have overseas property which will either need to be valued, protected and/or discovered. Further, it may be the case that the parties are able to finalise family law matters in the other country due to some perceived advantage in doing so.

Further, there could be situations where orders have been made by another court overseas, which then raises issues of enforceability within the Australian jurisdiction.

Early advice is often the best advice and as such, we would urge you to contact us to protect your rights as well as those of your children.